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IN RE CLAY KRHOVJAK CFTC LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: IRCKCL175325, CourtName: MISC 3, State: OR Oregon, UniqueCaseRef: LCD>IRCKCL175325, Cochran, Krhovjak, Trades, Trading, Futures, Respondents, Commission, Commodity, Allocating, Account, Act, Profits, Violates, Proceeding, Findings, Cftc, Complaint, Employer, Executions, Materials, Consent, Enforcement, Fraudulent, Scheme, Payment, Penalty, Transfer Binder, Comm, Cch, Giving Advice , ContentID: 120253761

Case Documents
1 2001-10-26 SETTLEMENT
[ see first page and extracted highlights below  ] ItemID: 130150
9 pages
PDF
Total Documents: 1 document , 9 pages
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1 . SETTLEMENT

EXTRACTED KEY WORDS
KRHOVJAK
TRADES
TRADING
FUTURES
RESPONDENTS
COMMISSION
COMMODITY
ALLOCATING
ACCOUNT
ACT
PROFITS
VIOLATES
PROCEEDING
FINDINGS
CFTC
COMPLAINT
EMPLOYER
EXECUTIONS
MATERIALS
CONSENT
ENFORCEMENT
FRAUDULENT
SCHEME
PAYMENT
PENALTY
TRANSFER BINDER
COMM
CCH
GIVING ADVICE



                                          UNITED STATES OF AMERICA
                                                          Before the
                        COMMODITY FUTURES TRADING COMMISSION


____________________________________
                                                               :
In the Matter of:                                              :         CFTC Docket No. 02-01
                                                               :
      : ORDER
                                                                                 MAKING
                                                                                           FINDINGS
CLAY KRHOVJAK and PAUL                                         :         AND IMPOSING REMEDIAL
COCHRAN
                           : SANCTIONS
                                                                                     AS
                                                                                        TO
                                                                                             CLAY
      : KRHOVJAK
                                                                                     AND
                                                                                           PAUL
      : COCHRAN
              Respondents.
                                                      :
____________________________________:

                                                              I.

            On October 26, 2001, the Commodity Futures Trading Commission
("Commission") filed a one-count Complaint and Notice of Hearing ("Complaint")
against Clay Krhovjak and Paul Cochran.  The Complaint charged Respondent Clay
Krhovjak ("Krhovjak") and Paul Cochran ("Cochran") with violating or having violated
Sections 4b(a)(i)-(iii) of the Commodity Exchange Act, as amended (the "Act"), 7 U.S.C.
§§ 6b(a)(i)-(iii) (2001).

                                                             II.

            In order to dispose of the remaining allegations and issues raised in the
Complaint, Respondents Krhovjak and Cochran have submitted offers of settlement that
the Commission has decided to accept.  Without admitting or denying the allegations in
the Complaint or the findings of fact in this Order Making Findings and Imposing
Remedial Sanctions ("Order"), Respondents Krhovjak and Cochran acknowledge service
of this Order, and consent to the use of the findings herein in this proceeding and in any
other proceeding brought by the Commission or to which the Commission is a party.1

SNIPPETS:
  • COCHRAN
  • On October 26, 2001, the Commodity Futures Trading Commission filed a one-count Complaint and
  • The Complaint charged Respondent Clay Krhovjak and Paul Cochran with violating or having
  • In order to dispose of the remaining allegations and issues raised in the Complaint,
  • Without admitting or denying the allegations in the Complaint or the findings of fact in this
  • Krhovjak and Cochran do not consent to the use of their Offers or this order as the sole
  • From at least June 28, 1996 through October 29, 1996, Krhovjak and Cochran, both employees of
  • The profits from this allocation scheme were later distributed among the scheme's
  • Between at least June 28, 1996 and October 29, 1996, Coastal traded in crude oil, heating oil
  • Coastal's in-house traders frequently used a NYMEX floor brokerage entity known, at various
  • Respondents and an individual who owned Refined agreed to misappropriate profitable trades
  • The profitable, stolen Coastal trades were directed to an account in the name of Ocean East,
  • Section 4bprohibits the fraudulent allocation of winning and losing trades.
  • In re Lincolnwood Commodities, Inc., [1982-1984 Transfer Binder] Comm.
  • L. Rep. (CCH) ¶ 21,986 at 28,246 (CFTC Jan. 31, 1984); In re GNP Commodities, Inc., Comm.
  • L. Rep. ¶ 28,129 at 48,879 (allocating trades to the benefit of one customer and to the
  • pay a civil monetary penalty of $40,000;
  • Nothing in this Order shall prohibit Cochran from trading, or giving advice on trading, the ivision of Enforcement.
  • respective cover letters and the forms of payment to the Director,
  •    |